Andhra Pradesh Court September 2007 Judgments
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B. Ramulu S/O. Mallaiah Vs. the Presiding Officer, Labour Court-ii and ...
Court: Andhra Pradesh
Decided on: Sep-19-2007
Reported in: 2008(1)ALD681; [2008(116)FLR1188]
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of certiorari to quash the award dated 10.1.1997 in I.D.No.94 of 1995 on the file of Labour Court-II, Hyderabad to the extent of denial of back wages to the petitioner for the period during which he was out of service.2. The brief facts which are necessary for the disposal of the writ petition may be stated as under:The petitioner joined respondent No. 2 Corporation as Driver in the year 1988 and his services were regularized in the year 1989. While the petitioner was on duty driving the bus bearing No. AEZ 2173 of Siddipet depot, it has capsized resulting in causing of injuries to 27 passengers travelling in the bus. This has led to initiation of disciplinary proceedings against the petitioner. Two charges were framed against him, which are reproduced hereinbelow:1. For having driven the vehicle No. AEZ 2173 of Siddipet depot in a negligent manner without taking precautionary measures and without anticipation, resu...
New India Assurance Co. Ltd. Rep. by Its Branch Manager Vs. Maria Mado ...
Court: Andhra Pradesh
Decided on: Sep-19-2007
Reported in: 2008ACJ2550; 2007(6)ALT516
T. Ch. Surya Rao, J.1. The instant appeal is directed against the award dated 21-1-1999 passed by the learned Additional Chief Judge, City Civil Court at Secunderabad in O.P. No. 19 of 1997.2. The unsuccessful third respondent-insurer is the appellant. Respondents 1 to 4 herein are the claimants. Fifth respondent is the driver, sixth respondent is the owner and seventh respondent is the insurer of the offending vehicle. It was the case of the claimants that the deceased who was the husband of the first claimant, father of claimants 2 and 3 and son of the fourth claimant died in a motor accident on 11-8-1996 at about 7.30 p.m. while coming on his scooter bearing No. AAW 7357 from Thimmapur along with one N. Jangaiah as a pillion rider on the extreme left side of the road at Tondapally Railway gate of N.H. No. 7 on account of the rash and negligent driving of the driver of the lorry bearing No. ATT 5336, which was coming in the opposite direction at high speed and dashed the scooter, on ...
Babu Miyan (Died) by Lrs. and anr. Vs. HussaIn Bi and ors.
Court: Andhra Pradesh
Decided on: Sep-19-2007
Reported in: 2008(1)ALD641
L. Narasimha Reddy, J.1. The legal representatives of the sole defendant in O.S. No. 61 of 1981 in the Court of the Subordinate Judge, Sanga Reddy are the appellants. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. Plaintiffs filed the suit against the sole defendant, by name Smt. Wahed Bee, for partition of the suit schedule property and allotment of the shares in accordance with the principles of Mohammedan Law.3. The first plaintiff and the sole defendant were the two wives of late Mahaboob Ali. Plaintiffs 2 and 3 are the sons and the fourth plaintiff is the daughter of the first plaintiff. The second plaintiff and the sole defendant also died and their legal representatives are brought on record. Mahaboob Ali owned and possessed a house and an extent of Ac. 1.14 guntas of land. The plaintiffs pleaded that the suit schedule property is matruka, left by late Mahaboob Ali and according to the principles of succession, the first plaintiff is entitled...
Varanasi Krishna Murthy (Died) by Lrs. Vs. Dasyam Shanmukha Rao and an ...
Court: Andhra Pradesh
Decided on: Sep-19-2007
Reported in: 2008(2)ALD327
L. Narasimha Reddy, J.1. The sole appellant died and his legal representatives are brought on record.2. The appellant filed O.S. No. 257 of 1973 in the Court of District Munsif, Amadalavalasa, against one Sri Krishnamacharyulu, for recovery of certain amount. The suit was decreed. After the decree became final, he filed E.P. No. 9 of 1987 and brought an item of immovable property, admeasuring Ac.0.14 cents in Survey No. 105/A, to sale. The judgment debtor died. His legal representatives i.e., his wife, by name Venkata Ratnam, who is since dead, his son Raghavacharyulu, second respondent and the son of the deceased son, by name Shanmukha Rao, 1st respondent were brought on record.3. The legal representatives of Krishnamacharyulu filed O.S. No. 19 of 1990 in the Court of District Munsif, Amudalavalasa, for a declaration that they are the owners of the property, which was sought to be brought under sale, for execution of the decree in O.S. No. 257 of 1973 and made a reference to the relev...
Alapati Mohan Rao Vs. Boyapati Venkateswara Rao
Court: Andhra Pradesh
Decided on: Sep-18-2007
Reported in: 2008(1)ALD546; 2008(3)ALT27
ORDERL. Narasimha Reddy, J.1. The respondent filed O.S. No. 41 of 2005 against the petitioner in the Court of II Additional Junior Civil Judge, Guntur, for recovery of amount, on the strength of a promissory note. The trial of the suit commenced, and the recording of evidence on behalf of the respondent was closed. The petitioner deposed as DW-1. On his behalf, DW-2 was also being examined. At that stage, he filed LA. No. 765 of 2005, under Rule 3 of Order 8 C.P.C., with a prayer to receive the audiotape, as evidence, duly condoning the delay in presenting the same. The respondent opposed the application by filing a counter-affidavit. The trial Court dismissed the I.A., through order dated 26.9.2006. Hence, this CRP.2. Heard Sri M. Pitchaiah, learned Counsel for the petitioner and Sri V. Manohar Rao, learned Counsel for the respondent.3. The respondent filed the suit, on the strength of a promissory note, dated 13.12.2001. The petitioner denied the transaction of borrowing of money fro...
Perugu Rama Rao and anr. Vs. Palagani Ratnakumari
Court: Andhra Pradesh
Decided on: Sep-18-2007
Reported in: 2008(1)ALD531; 2008(2)ALT783
ORDERL. Narasimha Reddy, J.1. The respondent filed O.S. No. 324 of 1998 against the petitioners in the Court of I Additional Junior Civil Judge, Guntur, for the relief of specific performance of two agreements of sale, dated 11.4.1990, in respect of items 1 and 2 of the plaint schedule property. The trial Court decreed the suit. Aggrieved thereby, the petitioners filed A.S. No. 133 of 2004 in the Court of III Additional Sessions Judge, at Guntur. At a later stage, they filed I.A. No. 399 of 2007, under Section 45 of the Evidence Act (for short 'the Act'), with a prayer to send the agreements of sale, marked as Exs. A-1 and A-3, to a handwriting expert, for comparison of signatures thereon, with certain other documents. The respondent opposed the application, and through its order dated 19.7.2007, the lower Appellate Court dismissed the I.A. Hence, this C.R.P.2. Sri P.R. Prasad, learned Counsel for the petitioners submits that the mere fact that an application, under Section 45 of the A...
E. Peddi Reddy and anr. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-17-2007
Reported in: 2008(3)ALD270
G.S. Singhvi, C.J.1. The petitioners, who are office bearers of Telugu Desam Party, have filed this petition in the name of the public interest litigation for quashing order dated 24.4.2007 vide which Judicial First Class Magistrate, Pulivendula, Kadapa District (respondent No. 7) dismissed the complaint filed by respondent No. 5 in C.F.R. No. 1166 of 2007 in C.C. No. ____/ 2007 against respondent No. 9 - Dr. Y.S. Rajasekhar Reddy for allegedly filing false affidavit under Section 33A of the Representation of People Act, 1951 (for short, 'the 1951 Act').2. In the elections held for the Andhra Pradesh State Legislative Assembly in 2004, respondent No. 9 filed nomination paper on 31.3.2004 for contesting election from 160 -Pulivendula Assembly Constituency. Along with the nomination paper, he filed an affidavit as per the requirement of Section 33A of the 1951 Act. He was declared elected. Subsequently, he became Chief Minister of the State.3. After two years and eight months of the elec...
G. Achanna Vs. P. Pratap Reddy
Court: Andhra Pradesh
Decided on: Sep-14-2007
Reported in: 2008(1)ALD294; 2007(6)ALT635
ORDERBilal Nazki, J.1. This is a classical case of abuse of process of law. A Suit has been filed by the plaintiff in the year 1995 for specific performance on the basis of an alleged agreement of sale, dated 30th of July 1987. When the plaintiff was being examined as a witness, he tried to exhibit the agreement dated 30th July 1987. Objection was raised by the defendant and on 03.08.1999, the trial Court held that the agreement of sale was in fact, a sale deed, but was unregistered and could not be marked. Thereafter, in the year 2001, the plaintiff filed a review petition with an application for condoning the delay. It was dismissed by the trial Court on 4th of February 2002. Again, a revision was filed in the High Court and the High Court dismissed the revision on 04.12.2003. The High Court was of the view that an order in review could not be challenged in the absence of challenge to the original order dated 03.08.1999. Therefore, the petitioner got another chance to file another re...
Hindustan Lever Limited Rep. by Its Chairman Vs. State Through Inspect ...
Court: Andhra Pradesh
Decided on: Sep-14-2007
Reported in: 2008CriLJ608
ORDERBilal Nazki, J.1. A complaint was filed by the Inspector, Legal Metrology, Mehabubabad against the present petitioner for contravention of Section 39 punishable under Section 63 of the Standards of Weights and Measures Act, 1976 (for short 'the Act') and also under Rule 23(i) punishable under Rule 39(2) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (for short 'the Rules'). Petitioner is the A-1, who has filed this quash petition mainly on the ground that the offence under Section 63 of the Act carries a punishment of fine which may extend to Rs. 5,000/- for the first offence and for second or subsequent offences, imprisonment, which may extend to five years. Learned Counsel for petitioner contends that this is the first offence committed by the petitioner and the Court is bared from taking cognizance of the offence after the expiry of the limitation period of six months. He contends that the complaint discloses that the offence was alleged to have bee...
Smt. G. Shashikala Vs. Smt. G. Kalawathi Bai and anr.
Court: Andhra Pradesh
Decided on: Sep-14-2007
Reported in: 2007(6)ALD550; 2007(6)ALT217
ORDERL. Narasimha Reddy, J.1. The petitioner challenges the order dated 30-04-2007 passed by the Court of Additional Judge, City Small Causes Court, Hyderabad, on a memo filed by the respondents herein, in the course inquiry into the mesne profits, in O.S. No. 1402 of 1992.2. The 1st respondent filed the suit against the petitioner and the 2nd respondent for the relief of possession of the suit schedule property and recovery of mesne profits, for the use and occupation thereof, as well as future damages. The trial Court decreed the suit. Aggrieved thereby, the petitioner filed C.C.C.A. No. 40 of 2002. Interim stay of the decree of the trial Court was passed, but permission was accorded for determination of mesne profits. Therefore, the 1st respondent filed I.A. No. 129 of 2002 for ascertainment of mesne profits.3. The trial Court appointed a Commissioner for ascertainment of mesne profits. The Commissioner, in turn, filed a report, together with the evidence recorded by him. The report...
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